Digital Commons Network^™

The Future Of Nuclear Security: A Medical Physicist’S Perspective, Katharine E. Thomson

International Journal of Nuclear Security

Planning for the future of nuclear security is a vital and complex task, requiring cooperation and contribution from many disciplines and industries. This diversity of expertise should include the medical sector, which faces many of the same challenges as the nuclear industry: controlling access to dangerous material, creating a strong security culture, cooperating with the wider world and engaging the public.

Medical physicists, of which the author is one, oversee all aspects of small-scale radiation use. This paper discusses three key areas increasingly important to both medical and nuclear uses of radioactive materials: public engagement, prevention of nuclear and radiological …

Defective Federalism And The Emergence Of Domestic Terrorism In Nigeria, Temitope Peter Ola

International Journal of African Development

The extremist Islamic sect Boko Haram is now feared for its ability to mount both low-scale and audacious attacks in Nigeria. This study attempts a consensual explanation of the defects of Nigerian federalism to facilitate the emergence of Boko Haram terrorism. The study is descriptive and data was obtained from secondary sources. It was found that the insurgence is a manifestation of frustration on account of the national political, religious and economic systems. The paper concludes that Boko Haram insurgence is part of the cycles and trends of unrest in Nigeria; responding to the same broad families of national fixations …

Bridges And Bandits On The Road To The New Jerusalem: A Study Of The Correlation Between Immigration And Terrorism, Ethan D. Beck, Unix Diza, Amy Searl

Channels: Where Disciplines Meet

In late January of 2017, President Trump signed an executive order banning non-American citizens traveling into the United States from seven different countries. The title of the order was, “Protecting the Nation From Foreign Terrorist Entry Into the United States.” As implied, the stated purpose was to limit the number of immigrants in order to avoid future attacks. President Trump claims that the executive order is necessary to ensure the effectiveness of the United States’ immigrant vetting procedures and thus, protect the nation from terrorist incursion. For the order to serve a purpose, immigration must play a role in terrorism. …

Contrasting Perspectives And Preemptive Strike: The United States, France, And The War On Terror, Sophie Clavier

Maine Law Review

A few years ago, Samuel P. Huntington's article in Foreign Affairs, "The Clash of Civilizations?" described a "West vs. the Rest" conflict leading to the assumption of an essentially unified Western civilization settling "[g]lobal political and security issues ... effectively ... by a directorate of the United States, Britain and France" and centered around common core values "using international institutions, military power and economic resources to run the world in ways that will . . . protect Western interests . . . .” Against the West, the specter of disorder and fundamentalism was looming and would precipitate conflicts. This widely …

Unilateral And Multilateral Preventive Self-Defense, Stéphanie Bellier

Maine Law Review

The governing principle of the collective security system created by the United Nations Charter in 19451 is the rule prohibiting the use of force in Article 2(4), which provides that "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purpose of the United Nations." This rule prohibiting the use of force was considered revolutionary at the time because it transformed into international law ideas which had for centuries, if not millennia, preoccupied the minds of people …

Lincoln, The Constitution Of Necessity, And The Necessity Of Constitutions: A Reply To Professor Paulsen, Michael Kent Curtis

Maine Law Review

The George W. Bush administration responded to the terrorist attacks of September 11th with far-reaching assertions of a vast commander-in-chief power that it has often insisted is substantially free of effective judicial or legislative checks. As Scott Shane wrote in the December 17, 2005 edition of the New York Times, "[f]rom the Government's detention of [American citizens with no or severely limited access to courts, and none to attorneys, families, or friends] as [alleged] 'enemy combatants' to the just disclosed eavesdropping in the United States without court warrants, the administration has relied on an unusually expansive interpretation of the president's …

Can Self-Defense Serve As An Appropriate Tool Against International Terrorism?, Jan Kittrich

Maine Law Review

The phenomenon of terrorism represents one of the gravest challenges to international order, peace, and security. The unpredictable nature of terrorist attacks threatens the public safety of each member of the international community. At the same time, member states’ responses to terrorism appear to threaten the homogeneity of modern international law and disrupt the uniform system of legal rules. In some aspects, it also seems to divide the community of international scholars. Simply put, terrorism deviates from the rule of law and so might the responsive action that it necessitates. This is the potential danger that terrorism intentionally aims to …

America Is Under Attack, Kristie Hinckley

Children's Book and Media Review

America is Under Attack is a picture book about the terrorist attacks on September 11, 2001. In this book, Don Brown portrays the ordinary day on which these terrible events occurred and the ordinary, innocent people that were affected. Readers will get an inside look of this day in the life of a firefighter, a worker in the world trade center, and an army officer at the Pentagon. Strangers who worked many floors away from one another suddenly became friends and allies as they tried to escape the burning building in one piece. By the end of this book, readers …

Material Support Laws And Critical Race Theory, Nichole M. Pace

Access*: Interdisciplinary Journal of Student Research and Scholarship

The paper examines terrorism designation and material support laws for structural racism using Critical Race Theory. Legislation concerning terrorist organizations continues to limit efforts of humanitarian organizations and refugee applicants. The impact of such legislation extends beyond the designated terrorist organizations to the communities and countries they inhabit. This article describes the legal statutes and issues related to terrorist designation and material support laws before defining Critical Race Theory. The article seeks to understand the structural racism involved in the defined statutes and procedures. Using Critical Race Theory, the article defines how material support laws and terrorist designation procedures are …

Finding The Limits Of France's State Of Emergency, Filip G. Bozinovic

Claremont-UC Undergraduate Research Conference on the European Union

Since 2015, France has experienced a particularly high number of terrorist attacks. This paper examines the French state response to such events and analyzes its effect on the relationship between civil liberties and national security. The activation of the state of emergency – as an exceptional measure that suspends warranted searches and certain freedoms – highlights a potential impediment to reconciling France’s national values such as liberté with the urgent need to mitigate terrorist activity. Following the fifth consecutive renewal of this exceptional measure in December 2016, a close scrutiny of its legitimacy, its effectiveness, and its objectives is …

Religious And National Identity In My Name Is Khan (Hindi Translation), Kathleen M. Erndl

Journal of Religion & Film

The Bollywood film, My Name Is Khan (2010) is the story of an Indian Muslim man, Rizwan Khan, with Asberger’s Syndrome, living in the San Francisco area and married to an Indian Hindu woman, who, post 9/11, sets off on a journey across the United States to tell the President, “My name is Khan, and I’m not a terrorist.” Filmed in lush settings in both India and the U.S., this high-budget production was a blockbuster both in India and abroad. For director Karan Johar, known for his highly successful glossy romantic dramas, such as Kuch Kuch Hota Hai (1998) and …

Terrorism: Motivation And Theory, Wayne Korbl

The Journal of Public and Professional Sociology

Abstract

This paper attempts to determine motivations behind terrorism from the perspectives of Rational Choice Theory and Social Solidarity Theory. Understanding motivation for terrorist acts cannot be determined uni-dimensionally and different levels of terrorist organizations are best understood using different theories ­­– with individual suicide bombers’ motivations best explained by Social Solidarity Theory and sponsoring organizations’ motives best explained by Rational Choice Theory.

Terrorism And General Aviation, Bryan Labrecque, Rodger A. Bates 3336763

The Journal of Public and Professional Sociology

Terrorism is an increasingly significant threat to society. It has evolved as technology has become a significant force multiplier in terms of its impact on society. Almost since the dawn of aviation, the potential threat to and from aviation has increased as it has become an intrinsic element within the transportation system of our nation. Since the middle of the 20^th century, commercial aviation has been the primary arena of transportation terrorism. However, with the increased attention and development of effective counterterrorism capabilities, terrorists are seeking alternative targets. America’s General Aviation community is a system at risk. From a …

The Future Of U.S. Detention Under International Law: Workshop Report, International Committee Of The Red Cross (Icrc), Harvard Law School Program On International Law And Armed Conflict (Hls Pilac), Stockton Center For The Study Of International Law (U.S. Naval War College)

International Law Studies

The International Committee of the Red Cross Regional Delegation for the United States and Canada, the Harvard Law School Program on International Law and Armed Conflict, and the Stockton Center for the Study of International Law at the U.S. Naval War College recently hosted a workshop titled Global Battlefields: The Future of U.S. Detention under International Law. The workshop was designed to facilitate discussion on international law issues pertaining to U.S. detention practices and policies in armed conflict. Workshop participants included members of government, legal experts, practitioners and scholars from a variety of countries. This report attempts to capture the …

Holding Supporters Of Terrorism Accountable: The Exercise Of General Jurisdiction Over The Pa And Plo In A Post-Daimler Framework, Mark D. Christopher

Georgia Journal of International & Comparative Law

No abstract provided.

Remarks: The United Nations: Pursuing Peace In The 21st Century, Dr. Kannan Rajarathinam

Georgia Journal of International & Comparative Law

No abstract provided.

Sony, Cyber Security, And Free Speech: Preserving The First Amendment In The Modern World, Conrad Wilton

Pace Intellectual Property, Sports & Entertainment Law Forum

Reprinted from 16 U.C. Davis Bus. L.J. 309 (2016). This paper explores the Sony hack in 2014 allegedly launched by the North Korean government in retaliation over Sony’s production of The Interview and considers the hack’s chilling impact on speech in technology. One of the most devastating cyber attacks in history, the hack exposed approximately thirty- eight million files of sensitive data, including over 170,000 employee emails, thousands of employee social security numbers and unreleased footage of upcoming movies. The hack caused Sony to censor the film and prompted members of the entertainment industry at large to tailor their communication …

Adrift At Sea: How The United States Government Is Forgoing The Fourth Amendment In The Prosecution Of Captured Terrorists, Frank Sullivan

Penn State Journal of Law & International Affairs

No abstract provided.

Terrorism, Tourism And Religious Travellers, Ayesha Chowdhury, Razaq Raj, Kevin Griffin, Alan Clarke

International Journal of Religious Tourism and Pilgrimage

Curiously, while tourism is cited as the world’s largest industry (UNWTO, 2016), it is simultaneously a fragile industry that is highly vulnerable to the impact of the ongoing threat of terrorism. Internationally, terrorism influences the tourist mind-set in a number of ways, in particular it creates fear for travellers and causes economic and social impacts to change the behaviour of people and dissuade them from visiting certain places in the world. Thus, the impact of terrorism has caused tremendous damage to the travel industry. A number of countries which previously depended quite heavily on the tourism industry are suffering in …

Protecting The Antiterrorism Tools Of American Citizens: Limiting The Application Of Daimler's "At-Home" Test, Alexis Casamassima

St. John's Law Review

(Excerpt)

This Note argues that courts should not apply the Daimler general jurisdiction standard to defendants in ATA civil proceedings, because (1) it was not intended to insulate certain foreign terrorist sponsors from these actions and (2) applying Daimler would seriously undermine the purpose of the ATA’s civil provision. Part I surveys the jurisdictional requirements that must be satisfied to bring foreign defendants into federal court. Part II discusses the position of various courts on the issue of whether foreign defendants in ATA civil actions can be subject to the federal jurisdiction on the basis of Daimler’s standards. Part III …

Climate Change And The Rise Of Terrorism In Northeastern Syria, Samantha Wilson

ESSAI

No abstract provided.

A Human Rights Perspective To Global Battlefield Detention: Time To Reconsider Indefinite Detention, Yuval Shany

International Law Studies

This article discusses one principal challenge to detention without trial of suspected international terrorists—the international human rights law (IHRL) norm requiring the introduction of an upper limit on the duration of security detention in order to render it not indefinite in length. Part One of this article describes the “hardline” position on security detention, adopted by the United States in the immediate aftermath of the 9/11 terror attacks (followed, with certain variations, by other countries, including the United Kingdom and the State of Israel), according to which international terrorism suspects can be deprived of their liberty without trial for the …

Why We Have The Center For The Resolution Of Intractable Conflict In Oxford, John, Lord Alderdice

New England Journal of Public Policy

The Center for the Resolution of Intractable Conflict (CRIC) was formally established at Harris Manchester College by a decision of the Governing Body of the College in 2013 to facilitate research, teaching and training, seminars and conferences, and direct engagement in situations of political violence and long-standing community conflict in various parts of the world.

The CRIC is a very young institution, but already it is having an impact out of proportion to its size and modest resources. This is because the issues we are addressing have a heightened public profile and also because of the quality and leading-edge of …

Redefining Legitimate Authority: Just War In The Era Of Terrorism, Christopher D. Mercado

Journal of the Indiana Academy of the Social Sciences

Recent attempts by political philosophers to determine if terrorism can be morally justified have analyzed terrorist groups from a just-war perspective; however, many times, these philosophers have subordinated the principle of legitimate authority to the other just-war principles or have neglected legitimate authority outright. Thus, the issue of who decides when, under what circumstances, and how to make war has been relegated to a secondary interest behind the issue of how war is made. This article fills the resulting hole in contemporary just-war literature by reevaluating the principle of legitimate authority. A proper, up-to-date definition of legitimate authority is here …

The Limits Of Inviolability: The Parameters For Protection Of United Nations Facilities During Armed Conflict, Laurie R. Blank

International Law Studies

This article examines the international legal protections for United Nations humanitarian assistance and other civilian facilities during armed conflict, including under general international law, setting forth the immunities of the United Nations, and the law of armed conflict (LOAC), the relevant legal framework during wartime. Recent conflicts highlight three primary issues: (1) collateral damage to UN facilities as a consequence of strikes on military objectives nearby and military operations in the immediate vicinity; (2) the misuse of UN facilities for military purposes; and (3) direct attacks on fighters, weapons or other equipment that cause damage to such facilities. To identify …

The French Army At A Crossroads, Rémy Hémez

The US Army War College Quarterly: Parameters

No abstract provided.

The International Business Risk Of Terrorism: A Pragmatic Framework For Assessing Its Impact On The U.S.-Based, Small- To Medium-Sized Enterprise’S Supply Chain Operations, Scott A. Lemons

The Hilltop Review

Purpose - Subject paper examines the international business risk of terrorism’s impact on the focal firm’s supply chain operations, as proliferated by the acceleration of globalization, via a fundamental review of pertinent country- and firm-level considerations shaped by global environmental factors. Subsequently, a managerial risk assessment and mitigation planning framework is presented for the supply chain executive’s pragmatic use.

Design/methodology/approach – Broad evaluation of contemporary viewpoints precedes a risk assessment and mitigation planning framework from the supply chain executive’s point-of-view.

Findings – While observed research found the probability of the risk of terrorism to be low, the severity (impact) of …

Terrorist Aesthetics As Ideal Types: From Spectacle To "Vicious Lottery", Marshall Battani, Michaelyn Mankel

Contemporary Aesthetics (Journal Archive)

This essay builds on Arnold Berleant’s concept of the negative sublime and his less-appreciated image of the vicious lottery to engage the ongoing discussion about the importance of aesthetic analysis for understanding terrorism. Sociological definitions of aesthetics and terrorism are presented as potential tools to aid in the analyses of terrorist aesthetics. Three aesthetic types of terrorism are developed in the tradition of Weberian sociological ideal typification. The article discusses the appropriateness and applicability of that typology for enriching our understanding of terrorism and counterterrorism.

Mass Migration, Cultural Conflict, And The Fear Of Terrorism: Dilemmas Of The Democratic West, Tom Farer

Denver Journal of International Law & Policy

No abstract provided.

International Law In A Turbulent World, Lawrence L. Herman

Canada-United States Law Journal

10th Annual Canada-United States Law Institute Distinguished Lecture by the diplomatic officer at the Canadian Mission to the United Nations, on human rights, climate change and terrorism, and UNCLOS (Law of the Sea Convention)